Allahabad High Court
Manish Kumar Yadav And 5 Others vs State Of U.P. And 2 Others on 24 June, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5874 of 2020 Petitioner :- Manish Kumar Yadav And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abrar Ahmad Siddiqui Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Learned counsel for the petitioners states that the signed vakalatnama has been filed in the registry of this Court yesterday as the earlier vakalatnama filed along with the petition is not bearing the petitioners' signature.
Office is directed to trace out the same and place it on record.
Heard Sri Abrar Ahmad Siddiqui, learned counsel for the petitioners and Sri Rupak Chaubey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners namely Manish Kumar Yadav, Ram Nath Yadav, Pawan, Neeraj and Smt. Savitri Devi with a prayer to quash the F.I.R. dated 06.03.2020 registered as case crime no. 0043 of 2020 under sections 504, 506 IPC and Section 5/3 D.P. Act, police station Mahila Thana, District Prayagraj.
Learned counsel for the petitioners submits that the marriage of petitioner no. 1 was fixed with the daughter of respondent no. 3. He further submits that there was dispute between the parties and when their relationship could not materialize, then the present FIR against the petitioners has been lodged, hence the present FIR is liable to the quashed.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C., if any, before the competent court but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The party shall file computed generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) (Ramesh Sinha, J.)
Order Date :- 24.6.2020
M. ARIF